The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1887-02-05


claim that any such testi mony or evidence may
tend 20 criminatc the person giving such evi-
tying: but such evidence or testimony shail not
be used against such person ON tho trial OF any
criminal proceeding.
Sec; IL That any person. firm, corporation or
association. or any mercantile. AGRICULTURAL or
manufacturing society, or any body polite or
municipal organization complaining Of anything
done or omitted % be done by any common
rior subject 60 the provisions OF this act In con-
traventlon OF tho provisions thereof, May apply
70 said Commission by petition, which shah
briefly state the facts; whcreupon a statement
OF the charges thus made shall be forwarded
by the Commission 70 such common car
rier, who shall be called upon % satisfy
the complaint nnswcr the same I'm writing
within reasonable time. TO be specified by tho
Commission. IN such common carrier winnln
the time specified shall make reparation for the
injury alleged 10 have been done, said carrier
shall be relieved OF liability 70 the complainant
Only for tho particular violation OF law thus
complained Of II such carrier shall not satisfy
the complaint within tho time specified. or
there shall appear 10 be any reasonable ground
for investigating said complaint. ~ shall be the
duty OF tha Commission TO investigate tho mat
tiers complained Of in such manner and by such
means as II shall deem proper. Said Commits.
sion shall In like manner investigit ate any com
plant forwarded by the Railroad Commissioner
or Railroad Commission OF any State or Peril
tory, Mt the request OF such Commissioner or
Commission and may institute any inquiry
It's own motion ia the same manner and TO tho
same effect as though complaint had been
made. No complaint shall at any time DO dis
missed because OF tho absence OF direct damage
10 the complainant.
Sec H. That whenever an investigation shall
DO made by said Commission 10 shall be- IFS duty
to make a report in writing in respect thereto.
which shall include tho findings Of fact upon
which tho conclusions OF the Commission are
based, together with its recommendation AS 70
what reparaticn. II any. should be made by tho
common carrier 10 any party or parties who may
bo found 10 have been injured and such find
ings so made shall thereafter. in all judicial
proceedings, he deemed prima facie evidence as
each "a NJ Ina.
vestlgations made by the Commission shall be
entered OF record, and copy thereof shall be
furnished 20 the party who may have COM
planned, ana 10 any common carrier that may
have been complained Of
Sec l5. That II in any case I'm which an in
vestigation shall be made by said Commission
10 shall be made Co appear 10 tho satisfact OF
the Commission, either by the testimony of
witnesses or other evidence, that anything has
been done or omitted TO DO done in violation OF
tire provisions OF this act. OF nny law cog
nizable by said Commission, by any coDun<on
carrier, or that any injury or damage ~ Vt@u
sustained by tho party or parties ctIn1
or by other parties aggrieved I'm conHu4
any such violation, IL shall DO the duty q ~
Commission 10 forthwith cause n copy ~ 1l.
port In respect thereto 20 be delivered ia n
common carrier. topcthor with a notice 70 1&I1
common carrier 70 cease and dosst from 6uon
so found TO have been done. or both within II
reasonable time. 20 be specified by the Conn
mission and IL within tho time specified 10
shall DO made to appear 10 tho Commission that
such common carrier has ceased from such yio-
laton Of law, and has made ropapation for the
injury found 70 have been done In compliance
with the report and notice OF the Commission
or 10 the satisfaction of the party complaining
n statement TO that effect shall DO entered OF
record by tho Commission, and tho said com
mon carrier shall theroupon bo relieved from
further liability penalty for such particular
violation Of law
SEQ 10 That whenever any common carrier
as defined in and subject 10 tho provisions OF
this act, shall violate or refuse or neglect 20
obey any lawful order requirement OF tho
Commission in this act named IL shall be tho
duty OF the Commission. and lawful for any
company person interested in such order or
requirement., TO apply, in summary way by
petition, Co the Circuit Court of the United
states sitting In equity Ia the judicial
planned Of has his principal Office, or I'm which
tho violation or disobodionce OF such order or
requirement shall happen alleging such vio-
laton or disObodiencc, ms the may be
and the said court shall have power 20 hear and
determine the matter such notice To
the common carrier complained OF IA tho court
shall deem reasonable: and such notice may
bo served ON such common carrier, his or its
officers, agents, or servants in such manner as
the court shall direct; and said court shall pro-
ceed to hear and determine the matter speedily
as court Of equity and without the formal
pleadings and proceedings applicable 10 ordi-
nary suits I'm equity, but in such manner as 10
do Justice In the premises and 70 this end such
court shall have power, IL 10 think nc 20 direct and
prosecute In such mode and by such process as 10
may appoint all such inquiries as the court may
think needful 70 enable IL TO form just judgment
i'm the matter OF such petition and on such hear
ing the report of said commission shall be prma
facio evidence Of the matter4 therein stated
and n 10 be made 10 appear 10 such court on
such hearing or ON report OF any such person or
persons. that the lawful order or requirement Of
said commission drawn in question has been
violated disobeyed. 10 shall be lawful for such
court to issue writ Of injunction or other
proper process, mandatory or otherwise, To re-
strain such common carrier from further con-
tinuing such violation or disobodiencc OF such
order or requirement Of said commission. and
enioning obedience TO the same and In case OF
any disobodience 81 anv such writ OF injunction
or other proper process, mandatory or other
wise. IL shall be lawful for such court 20 issue
writs OF attachment, or any othor process OF
said Court incident or applicable 70 writs OF In
junction, or other proper process, mandatory or
otherwise, against such common carrier, and II
n corporation, against one or more OF the di-
rectors, officers agents OF the same, or against
any owner, lessee Trustee. Receiver or other
person failing 20 oboy such writ Of injunction or
othor proper process, mandatory or otherwise
and said Court may, IL 10 shall think ne, make an
order directing suoh common carrier or other
person 80 disobeying such writ OF injunction or
other proper process mandatory or otherwise, to
pay such sum OF money, not exceeding Tor each
carrier person i'm default the sum OF $500 for
every day after n day % be named In the order
that such carrier or otherpe shall fail 20 obey
such injunction or Other proper process mandh-
tory otherwise and sucn moneys shall DO
payable as the Court shall direct, either 20 tho
party complaining, or into Court 10 abide the
ultimate decision Of the Court. or into the Treas
ury; aud payment thereof may without preiu-
dice 10 any other mode OF recovering the same
be enforced by attachment or order In the ma
turo OF writ Of execution In like manner as IL
the Same had beon recovered by hnnl decree
in personam in such court, When the subject
Ina dispute shall be OF tho value OF 900 or
more, either party by such proceeding before
said court may appeal 20 tho Supreme Court OF
the United states. under the same regulations
now provided by law Ina respect Of security for
such appeal but such appeal shall not operate
20 stay or suporsedo the order Of the court or
the execution Of any writ or process thereon.
and such court may In eve ---., natter order